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and benefits associated into the different comments received, go to landed. Among other things, they elements of SMS audits. www.regulations.gov and search for permit PWC use in all waters of the 21. What incentives could the Coast ‘‘1024–AE55’’. Seashore where other motorized vessels Guard provide passenger vessel FOR FURTHER INFORMATION CONTACT: are allowed. companies to adopt an SMS? And what Daniel R. Brown, Superintendent, Gulf In 2008, Bluewater Network and other is the most appropriate means or Islands National Seashore, daniel_r_ environmental groups filed a lawsuit method for the Coast Guard to [email protected], (850) 934–2613. claiming that the Environmental incentivize these companies to adopt an SUPPLEMENTARY INFORMATION: Assessment (EA) supporting the special SMS? regulations was inadequate and violated 22. Are there any additional factors Background the National Environmental Policy Act, that we should consider? Gulf Islands National Seashore (the the NPS Organic Act, and the Dated: January 12, 2021. Seashore) encompasses the longest Administrative Procedure Act. In 2010, Karl L. Schultz, stretch of federally protected seashore in the U.S. District Court for the District of Admiral, U.S. Coast Guard, Commandant. the United States. The Seashore Columbia held that the impact analysis includes seven barrier islands that span in the EA was inadequate and remanded [FR Doc. 2021–01058 Filed 1–14–21; 8:45 am] the EA to the NPS. Bluewater Network BILLING CODE 9110–04–P nearly 160 miles, coastal mainland, and adjacent waters in the northeastern part v. Salazar, 721 F. Supp.2d 7 (D.D.C. of the Gulf of Mexico. The Seashore 2010). However, the court did not vacate the special regulations, which have DEPARTMENT OF THE INTERIOR comprises 139,175 acres within Mississippi and Florida, 4,630 acres of continued to govern the use of PWC within the Seashore. National Park Service which (consisting of Horn and Petit Bois Islands) are designated wilderness. The In June 2019, consistent with the 36 CFR Part 7 resources of the Seashore vary widely, court’s decision, the NPS completed a including marine, bayou, salt marsh, Final Personal Watercraft Plan/ [NPS–GUIS–28979; PPMPSAS1Z.YP0000] live oak, and southern magnolia forests. Environmental Impact Statement (FEIS) RIN 1024–AE55 Congress established the Seashore in that contains a more comprehensive 1971 in order to preserve for public use analysis of the impacts of PWC use Gulf Islands National Seashore; and enjoyment areas possessing within the Seashore. The Record of Personal Watercraft outstanding natural, historic, and Decision (ROD) for this project was recreational values. 16 U.S.C. 459h(a). originally approved by the NPS AGENCY: National Park Service, Interior. The National Park Service (NPS) Regional Director of Interior Region 2 on ACTION: Proposed rule. administers the Seashore as a unit of the August 13, 2019. Since that time, NPS National Park System and has the revised the selected alternative to SUMMARY: The National Park Service authority to regulate the use of and remove a prohibition on PWC landing proposes to revise special regulations management of the Seashore as it below the mean high tide on Horn and governing the use of personal watercraft considers necessary or proper. 54 U.S.C. Petit Bois Islands. On December 17, at Gulf Islands National Seashore. The 100751(a). This includes the authority 2020, the Acting Regional Director proposed rule would reduce the to regulate boating and other activities signed an amended ROD with the PWC distance of flat wake speed zones from on water located within NPS units that landing prohibition removed but all certain shorelines and codify existing is subject to the jurisdiction of the other elements of the original selected closures at West Petit Bois Island and United States. 54 U.S.C. 100751(b). action retained. The NPS believes the the Fort Pickens ferry pier. The Seashore is one of the most selected alternative will continue to DATES: Comments on the proposed rule heavily visited units in the National protect natural and cultural resources at must be received by 11:59 p.m. EST on Park System. The Seashore attracts the Seashore, minimize conflicts March 16, 2021. several million visitors from throughout between various users, and promote ADDRESSES: You may submit comments, the nation, who come to enjoy the beach visitor safety while allowing for a identified by Regulation Identifier and cultural and historic features. More variety of recreational experiences. A Number (RIN) 1024–AE55, by either of than 80% of the Seashore is marine copy of the FEIS, ROD, and amended the following methods: habitat and accessible only by boat or ROD which contain a full description of (1) Electronically: Go to the Federal other watercraft. Many visitors use the purpose and need for taking action, eRulemaking Portal: personal watercraft (PWC) to access and the alternatives considered, maps, the www.regulations.gov. Follow the enjoy the Seashore. environmental impacts associated with instructions for submitting comments. the proposed rule, and the basis for the (2) By hard copy: Mail or hand deliver Compliance and PWC Regulations selected alternative, can be found online to: Superintendent, 1801 Gulf Breeze NPS general regulation 36 CFR 3.9 at http://parkplanning.nps.gov/guis, by Parkway, Gulf Breeze, FL 32563. states that PWC may be used only where clicking on the link entitled ‘‘Personal Instructions: Comments will not be authorized by special regulation and Watercraft (PWC) Use Management accepted by fax, email, or in any way that special regulations authorizing Plan/EIS’’ and then clicking on the link other than those specified above. All PWC use may be promulgated only for entitled ‘‘Document List’’. submissions received must include the the 21 NPS units that are identified in Proposed Rule words ‘‘National Park Service’’ or that regulation, including the Seashore. ‘‘NPS’’ and must include the RIN 1024– In 2006, the NPS promulgated special The proposed rule would implement AE55 for this rulemaking. Comments regulations to manage the use of PWC at the selected alternative identified in the received may be posted without change the Seashore. 71 FR 26244 (May 4, amended ROD for the management of to www.regulations.gov, including any 2006). These regulations, which are PWC use within the Seashore. The personal information provided. found at 36 CFR 7.12, establish where selected alternative would maintain the Docket: For access to the docket to PWC may be used, how they may be existing special regulation at 36 CFR read background documents or operated, and where they may be 7.21, except as explained below.

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Flat Wake Zones The Fort Pickens ferry pier did not exist Regulatory Flexibility Act in 2006. Construction was completed in The existing special regulations This rule will not have a significant 2012. These closures have been prohibit the use of PWC at more than economic effect on a substantial number implemented by the NPS for years flat wake speed less than 0.5 miles from of small entities under the Regulatory under the Superintendent’s authorities (i) either side of the pier of West Ship Flexibility Act (5 U.S.C. 601 et seq.). in 36 CFR 1.5. They are consistent with Island, and (ii) the shorelines of West This certification is based on existing closures for the lakes, ponds, Ship Island and the designated information contained in the economic lagoons, and inlets of other islands wilderness islands of Horn and Petit analyses found in the report entitled within the Seashore and for areas within Bois. The existing flat wake speed zone ‘‘Economic Analysis of the Personal 200 feet of the fishing piers at Fort extends 300 yards from all other Watercraft Proposed Rule at Gulf Islands Pickens. shorelines within the Seashore. The National Seashore.’’ The document can proposed rule would reduce the size of The proposed rule would also replace be found online at http:// the flat wake zone to (i) 300 yards from references to West Ship Island and East parkplanning.nps.gov/guis-PWC-EIS, by any shoreline in Mississippi (including Ship Island in the current regulations clicking on the link entitled ‘‘Document the shorelines of Ship, Horn and Petit with a reference to Ship Island. In 2019, List.’’ Bois islands) and (ii) 150 yards from any West Ship Island and East Ship Island shoreline in Florida. Establishing were restored to a single island as part Congressional Review Act (CRA) of the Mississippi Coastal Improvements consistent flat-wake zone distances This rule is not a major rule under 5 Program Comprehensive Barrier Island within each district of the Seashore U.S.C. 804(2), the CRA. This rule: Restoration Project. (Florida and Mississippi) should result (a) Does not have an annual effect on in easier enforcement of and increased Compliance With Other Laws, the economy of $100 million or more. compliance with flat-wake zones. The Executive Orders and Department (b) Will not cause a major increase in 150-yard flat-wake zone in the Florida Policy Regulatory Planning and Review costs or prices for consumers, District would minimize impacts to (Executive Orders 12866 and 13563) individual industries, Federal, State, or commercial PWC rental businesses and local government agencies, or visitor experience for PWC users. The Executive Order 12866 provides that geographic regions. proposed boundaries of the flat wake the Office of Information and Regulatory zones are based on near-shore Affairs (OIRA) in the Office of (c) Does not have significant adverse bathymetric information and research Management and Budget will review all effects on competition, employment, on PWC impacts to submerged aquatic significant rules. The OIRA has waived investment, productivity, innovation, or vegetation and shorebird nesting that review of this proposed rule and, at the the ability of U.S.-based enterprises to shows that in a water depth of 3 feet or final rule stage, will make a separate compete with foreign-based enterprises. more, PWC have little negative impact decision as to whether the rule is a Unfunded Mandates Reform Act to seagrass beds (Continental Shelf significant regulatory action as defined Associates 1997; MDNR 2002). The by Executive Order 12866. This rule does not impose an average distance from shorelines in the Executive Order 13563 reaffirms the unfunded mandate on State, local, or Florida district to the 3-foot depth principles of Executive Order 12866 tribal governments or the private sector contour is 150 yards. Because similar 3- while calling for improvements in the of more than $100 million per year. The foot bathymetric data were not available nation’s regulatory system to promote rule does not have a significant or for Mississippi, the proposed 300 yard predictability, to reduce uncertainty, unique effect on State, local or tribal flat wake zone in this district is based and to use the best, most innovative, governments or the private sector. It on the average distance to the 4-foot and least burdensome tools for addresses public use of national park depth contour. NPS law enforcement achieving regulatory ends. The lands, and imposes no requirements on staff may place temporary floating buoys executive order directs agencies to other agencies or governments. A in the water as reference points to show consider regulatory approaches that statement containing the information PWC users what 150 yards and 300 reduce burdens and maintain flexibility required by the Unfunded Mandates yards from the shoreline looks like. This and freedom of choice for the public Reform Act (2 U.S.C. 1531 et seq.) is not would be done on an as-needed basis, where these approaches are relevant, required. determined by NPS personnel, and feasible, and consistent with regulatory Takings (Executive Order 12630) would likely occur on select high-use objectives. Executive Order 13563 days and weekends. emphasizes further that regulations This rule does not effect a taking of must be based on the best available private property or otherwise have Other Modifications science and that the rulemaking process takings implications under Executive The existing special regulations allow must allow for public participation and Order 12630. A takings implication PWC use anywhere within the Seashore an open exchange of ideas. We have assessment is not required. except at specific locations listed in the developed this rule in a manner Federalism (Executive Order 13132) regulations. 36 CFR 7.12(c)(1). The consistent with these requirements. proposed rule would add two locations Under the criteria in section 1 of Reducing Regulation and Controlling to the list of closed areas: (i) The lakes, Executive Order 13132, the rule does Regulatory Costs (Executive Order ponds, lagoons, and inlets of West Petit not have sufficient federalism 13771) Bois Island; and (ii) within 200 feet of implications to warrant the preparation the ferry pier at Fort Pickens. West Petit Enabling regulations are considered of a Federalism summary impact Bois Island is a fast changing barrier deregulatory under guidance statement. This proposed rule only island. According to historic aerial implementing E.O. 13771 (M–17–21). affects use of federally-administered imagery at the time the existing special This rule would authorize the use of lands and waters. It has no outside regulations were promulgated in 2006, personal watercraft within Gulf Islands effects on other areas. A Federalism West Petit Bois Island did not have National Seashore in a manner that summary impact statement is not lakes, ponds, or inlets as it does now. would otherwise be prohibited. required.

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Civil Justice Reform (Executive Order National Environmental Policy Act and Special Park Uses, National Park 12988) This rule implements, in part, a Service. This rule complies with the comprehensive management action for Public Participation requirements of Executive Order 12988. PWC at the Seashore that constitutes a It is the policy of the Department of This rule: major Federal action significantly the Interior, whenever practicable, to (a) Meets the criteria of section 3(a) affecting the quality of the human afford the public an opportunity to requiring that all regulations be environment. The NPS has prepared the participate in the rulemaking process. reviewed to eliminate errors and FEIS, ROD and amended ROD under the Accordingly, interested persons may ambiguity and be written to minimize National Environmental Policy Act of submit written comments regarding this litigation; and 1969. A copy of the FEIS, ROD and proposed rule by one of the methods (b) Meets the criteria of section 3(b)(2) amended ROD, which contain a full listed in the ADDRESSES section of this requiring that all regulations be written description of the purpose and need for document. in clear language and contain clear legal taking action, the alternatives standards. considered, maps, the environmental Public Availability of Comments impacts associated with the proposed Consultation With Indian Tribes Before including your address, phone rule, and the basis for the selected number, email address, or other (Executive Order 13175 and alternative can be found online at http:// Department Policy) personal identifying information in your parkplanning.nps.gov/guis, by clicking comment, you should be aware that The Department of the Interior strives on the link entitled ‘‘Personal Watercraft your entire comment—including your to strengthen its government-to- (PWC) Use Management Plan/EIS’’ and personal identifying information—may government relationship with Indian then clicking on the link entitled be made publicly available at any time. Tribes through a commitment to ‘‘Document List’’. While you can ask us in your comment consultation with Indian tribes and Effects on the Energy Supply (Executive to withhold your personal identifying recognition of their right to self- Order 13211) information from public review, we governance and tribal sovereignty. We This rule is not a significant energy cannot guarantee that we will be able to have evaluated this rule under the do so. criteria in Executive Order 13175 and action under the definition in Executive under the Department’s tribal Order 13211; the rule is not likely to List of Subjects in 36 CFR Part 7 have a significant adverse effect on the consultation policy and have National parks, Reporting and supply, distribution, or use of energy, determined that tribal consultation is recordkeeping requirements. and the rule has not otherwise been not required because the rule will have In consideration of the foregoing, the designated by the Administrator of no substantial direct effect on federally National Park Service proposes to OIRA as a significant energy action. A recognized Indian tribes. Nevertheless, amend 36 CFR part 7 as set forth below: in support of the Department of Interior Statement of Energy Effects is not and NPS commitment for government- required. PART 7—SPECIAL REGULATIONS, to-government consultation, the NPS Clarity of This Rule AREAS OF THE NATIONAL PARK submitted a letter to 14 Indian tribes SYSTEM during the development of the FEIS. We are required by Executive Orders The Choctaw Nation of Oklahoma 12866 (section 1(b)(12)) and 12988 ■ 1. The authority citation for part 7 responded that the locations considered (section 3(b)(1)(B)), and 13563 (section continues to read as follows: in the FEIS are within the Nation’s area 1(a)), and by the Presidential Memorandum of June 1, 1998, to write Authority: 54 U.S.C. 100101, 100751, of historic interest, and because of the 320102; Sec. 7.96 also issued under D.C. potential adverse impact to the coastal all rules in plain language. This means Code 10–137 and D.C. Code 50–2201.07. sites, requested to be a consulting party. that each rule we publish must: ■ 2. Amend § 7.12 by revising (a) Be logically organized; paragraphs (c)(1)(i) and (iii), (c)(2), (c)(3) NPS staff held a conference call with (b) Use the active voice to address introductory text and (c)(3)(i) to read as representatives of the Muscogee Creek readers directly; follows: Nation, Jena Band of Choctaw Indians, (c) Use common, everyday words and and Choctaw Nation of Oklahoma to clear language rather than jargon; § 7.12 Gulf Islands National Seashore. discuss their concerns. The tribal (d) Be divided into short sections and representatives expressed concern over * * * * * sentences; and (c) * * * looting and vandalism, but were not (e) Use lists and tables wherever very concerned about wakes from PWC (1) * * * possible. (i) The lakes, ponds, lagoons, and damaging resources. The NPS explained If you feel that we have not met these inlets of Cat Island, Ship Island, Horn how law enforcement actions and the requirements, send us comments by one Island, West Petit Bois Island, and Petit Superintendent’s closure authority of the methods listed in the ADDRESSES Bois Island; could help address their concerns. section. To better help us revise the * * * * * Paperwork Reduction Act rule, your comments should be as specific as possible. For example, you (iii) The areas within 200 feet from This rule does not contain should tell us the numbers of the the remnants of the old fishing pier and information collection requirements, sections or paragraphs that you find within 200 feet from the new fishing and a submission to the Office of unclear, which sections or sentences are pier and the ferry pier at Fort Pickens; Management and Budget under the too long, the sections where you feel and Paperwork Reduction Act is not lists or tables would be useful, etc. * * * * * required. We may not conduct or (2) PWC may not be operated at sponsor and you are not required to Drafting Information greater than flat wake speed in the respond to a collection of information The primary authors of this regulation following locations: unless it displays a currently valid OMB are Julia Larkin and Jay Calhoun, (i) Within 300 yards from all control number. Division of Regulations, Jurisdiction, shorelines in Mississippi; and

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(ii) Within 150 yards from all DATES: Comments must be received on be received by scheduled appointment shorelines in Florida. or before March 1, 2021. Under the only. For further information on EPA (3) PWC are allowed to land at any Paperwork Reduction Act (PRA), Docket Center services and the current point along the shore except as follows: comments on the information collection status, please visit us online at https:// (i) PWC are prohibited on any provisions are best assured of www.epa.gov/dockets. shoreline adjacent to the closed areas consideration if the Office of FOR FURTHER INFORMATION CONTACT: For listed in paragraph (c)(1) of this section; Management and Budget (OMB) questions about this proposed action, and receives a copy of your comments on or contact Nathan Topham, Sector Policies * * * * * before February 16, 2021. and Programs Division (D243–02), Public hearing: If anyone contacts us George Wallace, Office of Air Quality Planning and requesting a public hearing on or before Standards, U.S. Environmental Assistant Secretary for Fish and Wildlife and January 21, 2021, we will hold a virtual Parks. Protection Agency, Research Triangle public hearing. See SUPPLEMENTARY [FR Doc. 2021–00312 Filed 1–14–21; 8:45 am] Park, North Carolina 27711; telephone INFORMATION for information on number: (919) 541–0483; fax number: BILLING CODE 4310–EJ–P requesting and registering for a public (919) 541–4991; and email address: hearing. [email protected]. For specific information regarding the risk modeling ENVIRONMENTAL PROTECTION ADDRESSES: You may send comments, methodology, contact James Hirtz, AGENCY identified by Docket ID No. EPA–HQ– OAR–2020–0532, by any of the Health and Environmental Impacts 40 CFR Part 63 following methods: Division (C539–02), Office of Air • Federal eRulemaking Portal: Quality Planning and Standards, U.S. [EPA–HQ–OAR–2020–0532; FRL–10018–49– Environmental Protection Agency, OAR] https://www.regulations.gov/ (our preferred method). Follow the online Research Triangle Park, North Carolina RIN 2060–AU64 instructions for submitting comments. 27711; telephone number: (919) 541– • Email: [email protected]. 0881; fax number: (919) 541–0840; and National Emission Standards for Include Docket ID No. EPA–HQ–OAR– email address: [email protected]. Hazardous Air Pollutants: Cyanide 2020–0532 in the subject line of the SUPPLEMENTARY INFORMATION: Chemicals Manufacturing Residual message. Participation in virtual public hearing. Risk and Technology Review • Fax: (202) 566–9744. Attention Please note that the EPA is deviating AGENCY: Environmental Protection Docket ID No. EPA–HQ–OAR–2020– from its typical approach for public Agency (EPA). 0532. hearings because the President has • ACTION: Proposed rule. Mail: U.S. Environmental declared a national emergency. Due to Protection Agency, EPA Docket Center, the current Centers for Disease Control SUMMARY: The U.S. Environmental Docket ID No. EPA–HQ–OAR–2020– and Prevention (CDC) Protection Agency (EPA) is proposing 0532, Mail Code 28221T, 1200 recommendations, as well as state and the results of the residual risk and Pennsylvania Avenue NW, Washington, local orders for social distancing to limit technology review (RTR) for the DC 20460. the spread of COVID–19, the EPA National Emission Standards for • Hand/Courier Delivery: EPA Docket cannot hold in-person public meetings Hazardous Air Pollutants (NESHAP) for Center, WJC West Building, Room 3334, at this time. the Cyanide Chemicals Manufacturing 1301 Constitution Avenue NW, To request a virtual public hearing, source category as required under the Washington, DC 20004. The Docket contact the public hearing team at (888) Clean Air Act (CAA). We are proposing Center’s hours of operation are 8:30 372–8699 or by email at to find that risk from emissions of air a.m.–4:30 p.m., Monday–Friday (except [email protected]. If toxics from this source category is federal holidays). requested, the virtual hearing will be acceptable, and that the current Instructions: All submissions received held on February 1, 2021. The hearing standards provide an ample margin of must include the Docket ID No. for this will convene at 9:00 a.m. Eastern Time safety to protect public health. We are rulemaking. Comments received may be (ET) and will conclude at 3:00 p.m. ET. also proposing to find that there are no posted without change to https:// The EPA may close a session 15 minutes developments in practices, processes, www.regulations.gov/, including any after the last pre-registered speaker has and control technologies, and, as such, personal information provided. For testified if there are no additional we are not proposing any development- detailed instructions on sending speakers. The EPA will announce based changes to the current standards comments and additional information further details at https://www.epa.gov/ pursuant to the technology review. The on the rulemaking process, see the stationary-sources-air-pollution/acetal- EPA is, however, proposing new SUPPLEMENTARY INFORMATION section of resins-acrylic-modacrylic-fibers-carbon- emissions standards to address this document. Out of an abundance of black-hydrogen. emissions from process wastewater at caution for members of the public and The EPA will begin pre-registering existing sources. We are proposing to our staff, the EPA Docket Center and speakers for the hearing upon amend provisions addressing startup, Reading Room are closed to the public, publication of this document in the shutdown, and malfunction (SSM), to with limited exceptions, to reduce the Federal Register, if a hearing is add electronic reporting, and to update risk of transmitting COVID–19. Our requested. To register to speak at the the reporting and recordkeeping Docket Center staff will continue to virtual hearing, please use the online requirements. We do not expect these provide remote customer service via registration form available at https:// proposed amendments to result in email, phone, and webform. We www.epa.gov/stationary-sources-air- changes in emissions from the source encourage the public to submit pollution/acetal-resins-acrylic- category but anticipate improved comments via https:// modacrylic-fibers-carbon-black- monitoring, compliance, and www.regulations.gov/ or email, as there hydrogen or contact the public hearing implementation of the existing may be a delay in processing mail and team at (888) 372–8699 or by email at standards. faxes. Hand deliveries and couriers may [email protected]. The last

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